February 1,2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of My Sky Imaging for an Exemption Pursuant to Section 333 of the FAA

Modernization and Refomr Act of 2012

Director: Flight Standards Sen,ice:

Pursuant to Section 333 of the FAA Modemization and Reform Act of 2012 ("Refbrn Act") and

14 C.F.R. Part 11, My Sky Imaging ("Sky lmaging") hereby applies for an exemption from the

Federal Aviation Regulations ("FARs") identified below to allow commercial operation of small

unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of

conducting aerial photography. videography. crop inspection and imaging for the real estate and

agriculture industries.

This petition for exemption is made based on information outlined in this Petition for Exemption,

as well as the accompanying Sky imaging documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals

(Collectively 2 and 3 are referred to as "Documents & Manuals")

3. User Guide and;

4. Flight Manual'

(Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Sky tmaging submits these supporting materials as confidential documents pursuant to l4 C.F.R.

$ 11.35(b), as the matertals contain confidential commercial and/or proprietary information that

Sky Imaging ha-s not and rvill not share u,ith other requesting pafiies. Additionally, these

documents contain operating conditions and procedures that are not generally available to the

public and are protected from release under the Freedom of Information Act, 5 U.S.C. $ 552 et.

seq. . NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF THIS

LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM

T}IE PETITIONER.

1. The tetm "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but

not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training

manuatrs. s ervi c e informati on I etters and, safety/servic e bulletins.
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February 1,2016

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For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Videography', Photograph,v, Inspection and Imaging

III. Relevant Statutory Authori{v

IV. Sky Imaging's Proposed UAS Operations lleet the Requirements of

Section 333 Of the Reform Act

A. Approval is Wan'anted Based on the UAS's Size, Weight, Speed, and

Operatr onal Capabi lity

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the

Operations Manuals

V. Regulations From Which Exemption is Requested

A. l4 C.F.R. Part 21, Subpart H -Airworthiness Certificates and l4 C.F.R. ,s

el.203(a)(I)

B. 14 C.F.R. Parr 27 Airu,onhiness Standards: Normal Category Rotorcraft

C. l4 C.F.R. $$ 91.9(c). 45.23(b) and 45,27(a): Aircraft Markrng and

Identifi cation Requirements

D. 14 C.F.R. S 91.405(a).91.407(a)(1).91.409(a)(1) and (2); 91 .4r7(a) and (b):

lvlaintenance lnspections

E. 14 C.F.R. Part 61. 14 C.F.R. $ 61.3, 14 C.F.R. $ 6l.ll3: Private Pilot

Privileges and Limitations

F. 14 C.F.R. $ 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. $ 9L9(bX2): Civil Aircraft Flight Manual in the Aircraft and l4

C.F.R. $ 91.203(a) and (b): Carrying Civil Aircraft Certification and

Rcgistration

H. 14 C.F.R. $ 91.103: Preflight Action

I. 14 C.F.R. $ 91.109(a):Flight Instruction

J. 14 C.F.R. $ 91 .I I 9(c): Minimum Safe Altitudes

K. 14 C.F.R. $ 91.121:Altimeter Settings

L. 14 C.F.R. $ 91.151(a): Fuel Requirements forFlight inVFR Conditions

Vl. Drug and Alcohol Program

\|[I. Putrlic Interest

VIII" Privacy'

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OFPETITIONER

Sky Imaging is based in Bonduel. WI working in photography. videography'. crop inspection and

imaging service for the real estate and agriculture industries. The Company specializes in, and
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February 1,2016

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will continue to focus on the photography, videography, crop inspection and imaging of real

property for the industrial and commercial real estate industry as u,ell as for farmers in the

agriculture industry. The Company's Principal and Chief Pilot Christian Schrubey has been

flying UAV Quadcopters as a hobby for more than five years without incident, logging thousands

of hours flying.

Upon the grant of the 333 Exemption the Companl,'5 business will specialize in photography.

videography, inspection and imaging of real properr.y-.

Sky Imaging's staff are well trained and experienced in providing support as visual observers

("VO") for the pilot in command ("PIC') in addition to anv other needed on site assistance.

All of the equipment orvned by Sky lmagrng is of the liighest quality gear and has been able to

provide these sen ices sat-ely and without anv claims or incident. Sky Imaging's goal is to advise

the perspective client that Sky Imaging is following all the applicable state and federal rules to

ensure the safety of the public while providing the client with a competitive and cost effective

product.

Sky Imaging seeks an exemption to allow for photography, videography and other related media

products.

The contact information fbr Petitioner is as follows:

Christian Schrubey

My Sky Imaging

209 West Cedar Street

Bonduel. WI5-1107

Phone : 7 I 5 .304.67 30 : Email : 124 | amrg gmai l. com

II. DESCRIPTION OF PROPOSED OPERATION

Sky Imaging seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI

Phantom 3 (referred to SKY-UAS ) (under 551bs) fbr the proposed operations discussed herein

below. All UAS operations will occur under tightly controlled conditions on private properrJ- or

approved location where Sky Imaging has received verifiable permission to operate from the

landorvner. controller or authorized representative. The proposed UAS operations will be

conducted in accordance with the conditions and iimitations of this Petition for Exemption and

Sky Imaging's Operations lvlanuals. As detailed in Sky Imaging's Operations Manuals. all UAS

operations rvill be limited to daytime VFR conditions, within visual line-ot:srght ("VLOS") of

the operator, in uncontrolled airspace, and wili occur at least 5 nm away from an airport

reference point. Moreover. Sky Imaging's Operations Manuals incorporate redundant safeguards

to assure the aircratl does not travel outside the controlled area of UAS operations, including

GPS " geo-fencing" technologies.

A. AerialVideographyPhotography',Inspectionandlmaging

Sky Imaging seeks to use small SKY-IJAS for the purpose of conductingaenal photography,

videography, inspection and imaging for the real estate and agriculture industries. Sky Imaging
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has purposefully tailored its operations to meet the requirements established by the FAA in prior

grants of exemption authorizing commercial use of UAS in the real estate industry including:

o Trudeau, Realtor@ (Exemption No. 11138)

r Alon Sicherman (Exemption No. 11728)

. Sokoler Medly (Exemption No. I 1341)

o Raven Executive (Exemption No. 12639)

All UAS photography, videography and inspection operations will occur on private propertv or

approved location in a controlled area away i-rom spectators and persons not involved in the

recording process. In addition, the filming rviil be conducted bet"veen dawn and dusk to ensure

maximum safet-v for ttre public and those involved in the manipuiation and operation of the UAS;

VFR conditions. at altitudes belorv 400'above glound level ("AGL").

As set forth below. Sky Imagng's operations provide an equir.alent leve l of safety which is

superior to performing the same rvork using conventional fixed-u,ing aircraft or helicopters.

Sniall UAS video production is also safer than traditional manned aircraft performing the same

function. Mdeographer-inspectors also frequently need to ciimb roof tops, trees, ladders or

otherwise perfomr elevated u.ork, which exposes them to the risk of dangerous falls,

electrocution or other work related injuries. In addition, depending on the nature of the video

needed and inspection, proximity to equipment, and other mechanicalhazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous

conditions. The use of SKY-UAS mitigates these hazards and is ultimately a much safer and

cost effrcient method of performing these and most other t;pes of inspections.

lUoreover. conventional operations usin-s rotorcraft and fixed-wing aircraft in low level

operations present risks assocrated u,ith vehicles weighing tens of thousands of pounds

(including payload) and carrying large amounts of fuel rvhich inherently presents significant fire

hazards as rvell as exposure to otirer cheniical contarninates. It is important to note the use of

small UAS in this area will not onlv be safer and more cost efTective to the perspective user or

purchaser of the service. but the qualit-v and expanse of acquired intbrmation *,ill be far more

robust given the low cost associated uith its acquisition and other potential consumers an

inexpensive product.

UAS video production is more re1iab1e. and allows for the collection, dissemination. and storage

of visual zurd other sensory data w'ith greater precision and duration at a very low cost. Small

UASs will also be capable of accessing and inspecting areas that would othenvise be inaccessible

or highly dangerous using conventional aircrall or other inspection methods.

III. RELEVANTSTATUTORYAUTHORITY

This Petition fbr Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and ReformAct of 2012 ("Reform Act";. Congress has directed the FAA

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace

system"" Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

unmanned aircraft systems to operate in the National Airspace Systems ('NAS") where it is safe

to do so based on the followins considerations:
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r The UAS's size, weight. speed and operational capability;

o Operation of the UAS in close proximity to airports and populated areasl and

r Operation of the UAS rvithin the visual line of sight of the operator.

Additionally, the FAAAdministrator has general authority to grant exemptions from the agency's

safety regulations and minimum standards when the Adminisrator decides a requested

exemption is in the public interest. See 49 U.S.C. ss 106(0 (defining the authority of the

Administrator): 49 U.S.C. $ 44701(t) (permitting exemptions from $$ aa701(a), (b) and

$S 44702 - 44'716, et seq.). A party requesting an exemption must explain the reasons why the

exemption: ( 1) would benefit the public as a rvhole, and (2) would not adversely atTect safety (or

how it would provide a level of safety at least equal to the existing rules). See l4 C.F.R. $ t 1 .81

( petitions for exemption).

IV. SKY IMAGING'S PROPOSED SKY-UAS OPERATIONS MEET THE

REOUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small SKY-UAS operations proposed by Sky lmaging as noted above in this Petition for

Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of

the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

0perational Capatrility

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size

weight, speed. and operational capability.

o The SK\'-UAS utilized by Sky Imaging has been approved for use in prior

Section 3.33 Grants of Eremption from tlre FAA.:

o The SKY-UAS u'eighs less tiran 55 pounds, including pavload

o The SK\'-UAS u'ilt not be tlorvn at a ground speed in excess of 87 knots (100

rnph). The exemption holder may use eitlier groundspeed or calibrated airspeed to

determine compliance u'ith the 87 knot speed restriction.

r Altitude information u'ill be generated by equipment onboard the UAS as

specified using GPS triangulation. digitally encoded barometric altimeter, radio

altirneter, or any combination thereof. This information will be oansmitted to the pilot

via telemetric data feed.

. The SKY-UAS will have system redundancies and independent functionality to

ensure the overall safety and predictability of the system. If connection to the remote

2Seee.g.,GrantofExemptiontoTrudeau,Realtor@(ExemptionNo. 11138): Grant ofExemptiontoAlon

Sicherman (Exemption No. 1 1728): Grant of Exemption to Sokoler Medl-v (F-xemption No. I l34l ).
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February 1,2016

Page 6

control or ground control station is lost, failsafe systems will permit the UASs to

return to a predetermined location and safely land without injury or damage.

o The radio frequencies used for operations and control of the SKY-UAS comply

rn'ith the Federal Communications Comrrission ("FCC") and other appropriate

government oversight agency requirements. The operating tiequency lbr the SKYUAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicoptel the aircraft's take-offweight u,ould

likely exceed 6,000 pounds depending on payload. The difference in weight between the SKYUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals andlor surrounding propefiy in the event of an unintended accident or

incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Sky Imaging's Operations Manuals

Sky Imaging's Operations Manuals and the N.{anufacrurer's Manual for the selected SKY-UAS

will contain all the procedures and limitations necessary to safely and successfullyperform the

operations specified rn this Petition for Exemptron. To assist the FAA in making a safety

assessment of Sky lmaging's proposed operations. belorv is a summary of operational limitations

and conditions that Sky Imaging will adhere to, and which u'il1 ensure an equivalent or higher

level ofsafety to operations conducted under current regulatory guidelines:

L The SKY-UAS weighs less than 55 pounds, with payload.

2. All operations shall be conducted over private or controlled-access property with

verifiable permission from the land owner/controller or authorized representative.

Permission fi'om land ownericontroller or authorized representative will be obtained

for each scheduled flight prior to operation.

3. All UASs operated under the Grant of Exemption rvrll be identified by serial number,

registered in accordance with 14 CFR part 47, and har,'e identification (N-Number)

markings in accordance with 14 CFR part -15. Subpan C. Markings u,ill be as large as

practicable.

4. Minirrium crerv for each flight operation will consist of a pilot. u'ho u,i1lbe Pilot-in

Command ("PIC") of the SKY-UAS, and one or more Visual Obseners ("Observer")

as necessary to safeiy conduct the mission.

5. PICs shall possess either a private, recreational. or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid Li.S. driver's

license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal government. The PIC will also meet the flight revierv

requirements specified in I4 C.F.R 61.56 in an aircraft in w'hich the PIC is rated on

his or her pilot certificate.
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6. The SKY-UAS shall be operated within VLOS of the PIC and Observer at all times.

The PIC must use human vision unaided by any device other than corrective lenses,

as specified on the PIC's FAA-issued medical certificate.

7. The PIC and Obserrer designated for any operation wrll be able to communicate

verbally at all times.

8. Electronic messaging or texting rnill not be permitted during flrght operations.

9. The addrtional requirements identilied in the Grant of Exemption shall be added to

the Sky Imaging's Operations Manuals. The Operations Manuals will be maintained

and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations in the Grant of Exemption and Sky Imaging's

Operations Manuals, the conditions and limitations in the Grant of Exemption shall

take precedence and must be followed. Otherwise, Sky Imaging shall follow the

procedrres outlined in their Operations Manuals.

10. Sky Imaging may update or revise its Operations Manuals. Revisions will be tracked

and a revised copy of the Manual rvi1l be provided to the Adrninistrator upon request.

Sky lmaging u,ill also present an updated and revised Operations Manuals if it

petitions fbr extension or amendment to its Grant of Exemption. If an update or

revision u-ould aIl-ect the basis upon *'hich the FAA grants tlie exemption, Sky

Imaging will seek an amendment to its Grant of Exemption. Sky Imaging u,ill contact

the FAA's UAS Integration Office (AFS-80) if questions arise regarding updates or

revisions to the operating documents.

1 l. Sky Imaging Operations Manuals and its Grant of Exemption will be available to the

PiC at the ground control station anl.time the SKY-UAS is operating.

12. The PIC is prohibited from beginning a SKY-UAS flight unless (considering wind

and forecast rveather conditions) there is enough power to fly to the first intended

point <lf landing. and assuming normal cruising speed, to fly after that for at least 1 0

minutes.

13. Maximum total flight time for each operational flight using the SKY-UAS will be

limited to 40 minutes or the amount of time the UAS can be flou,n and still maintain a

reselve battery power of no less than 257o, whichever occurs t-rrst.

14. Flights will be operated at an altirude of no more than 400 feet AGL and will never

enter navigable controlled airspace u'ithout tirnely prior rvritten authorization and

approval from the FAA. In the event the structure being inspected exceeds 400 f-eet

AGL, the UAS will not be operated more tlran 100 feet above the highest point on the

structure. and no more than 50 feet horizontallv from the sffucture.

15. Flight operations must be conducted at least ,OO ,.., from all nonparticipating

persons. (persons other than the PIC, VO, operator trainees or essential persons),

vessels, vehicles. and structures unless:
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a. Barriers or struchrres are present that sufficiently protect nonparlicipating

persons frorn tlre UA andior debris in the event of an accident. The operator

must ensure that nonpafiicipating persons remain unde r such protection. If a

situation arises rvhere nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

o$.ner,/controller of such vessels, vehicles or strucfures has granted permission

and the PIC has made a sat'ety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC. VO, operator trainees or essential persons do not

present an undue hazard to those persons per $ 91.1 19(a).

16. The SK\'-UAS mav not be operated less than 500 feet below or less than 2.000 fect

horizontalll'from a cloud or when visibiliry is less than 3 statute miles from the PIC.

1 7. The SK\'-UAS nlay not operate within 5 nm of an airport reference point as denoted

on a current FAA-published aeronautical chart unless a letter of agleement with that

airport's management is obtained. and the operation is conducted in accordance rvith

a NOTAIv{ as reqtiired b,v the FAA. The letter of agreement .*,ith the airport

management u,i1l be made available to the Administrator upon request.

I8. Prior to each flight the PIC shall inspect the SKY-UAS to confirm that rt is in a

condition safe for flight. The pre-flight inspection will account for all discrepancies,

e.g. inoperable components. items. or equipment. not already covered in the relevant

sections of the operating documents as rveii as equipment updates. The PIC shall not

operate any SKY-UAS if the inspection reveals a condition that affects the safe

operation of the SKY-UAS until the necessary maintenance has been performed and

the SKY-UAS is found to be in a condition for sat-e fiight. The ground control station

shall be included in the preflight inspection. All maintenance and alternations must be

properly documented in the UAS's records as required b.v Sky Imaging's Operations

Manuals.

i 9. Sky lmaging u'il1 timely carry out its maintenance, inspections, and record keeping

requirements in accordance rvith the Operations Manuals. Maintenance, inspection.

and alterations u,ill be fully noted in the SKY-UAS records, including total time in

sen,ice, descnption of work accomplished, date completed and the signature of the

authorized person retuming the SKY-LrAS to service.

20. Any SKY-UAS that has undergone maintenance or alterations that affect the UAS

operation or tlight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Sky Imaging's

Operations Manuals. The PIC who conducts the functional test flight must make an

entry in the UAS aircraft records of the flight. The requirements and procedures for a

functional test flight and SKY-UAS record entry shall be included in the Sky

Imaging's Operations Manuals.
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2l. The SKY-UAS will be operated and maintained according to the Manufacturer's

Manuals and any required manufacturer Safety,i$srvice Bulletins and product updates.

22.Pior to the operation, a Mission Packet wili be created in accordance with the

requirements on Sky Imaging's Operations Manuals.

23. Sky Imaging will obtain an Air Traffic Organization ("ATO") issued Certificate of

Waiver orAuthorization, otherwise known as a COA, prior to conducting any

operations under this Grant of Exemptie'rn. ANOTAM will be issued as required by

the COA. All operations *'ill be conducted in accordance with airspace requirements

in the ATO issued COA includins class of airspace. altitude level and potential

transponder rcqu i rements.

24. All required permissions and permits u'rll be obtained from territorial, state, county or

city jurisdictions. including local lau'enforcement. fire or other appropriate

gor;emmental agencres.

25. If the SK\--UAS loses communication with the PIC, il will have the capability to

safely rerurn to a pre-determrned location u'ithin the operational area and land safely.

26. Contingency plans rvill be in piace to saf'ely terminate flight if there is a loss of

communication benveen the PIC and the Obserr,'er.

27. The SKY-UAS will have the capabilitv to safely abort flight in the case of

unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid

and current state driver's license issued u,ithin the United States

29. Prior to conducting operations fbr filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR $ 61.51(b). a minimum of 200 flight cycles and

25 hours total time as a UAS rotorcraft pilot and at least I0 hours logged as a UAS

pilot *,ith a similar SKY-UAS type platform. This requirement can be achieved by

flights conducted and logged as a hobbyist.

30. Prior to conducting operations for filming, the PIC rvill have accumulated and logged,

in a manner consistent ivith 14 CFR $ 61.51(b). a minimum of hours pursuant to 54

CFR rs 6i .51(b) as UAS pilot operating the make and model of SKY-UAS to be

utilized for operations under the exernption and three take-offs and three landing in

the preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under

special visual flight rules ("SVFR") shall not be conducted.

32. The SKY-UAS shall remain clear and vield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight vehicles,

parachute activities, parasailing activities, hang gliders, etc.).
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33. SKY-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are

prohibited.

34. The UAS will not be operated from an elevated platform unless designed and

engineered specifically for such purposcs and be in compliance rvith the general

restrictions imposed by the applicable regulations. Additionally no PIC will provide

any film-flight operations u'hile in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the SKY-UAS will conrply with the Federal Communications Cornmission

(FCC) or other appropriate government oversight agellcy requiretnents.

V. REGULATIONS FROM WHICH EXEMPTIOII IS REOUESTM

The Federal,{viation Act expressly grants the FAA the authorit-v to issuc exernptions. This

statutory authority, by its terms, includes exempting civil aucraft, as the term is defined under $

40101 of the Act. including UASs. from its safety regulatrons and minimum standards u'hen the

Administrator decides a requested exemption is in the public iaterest.r

Sky Imaging seeks an exemption from several interrelated provisions of Title 14 of the Code of

Federal Regulations ("14 C.F.R") Parts 2i. .15. 61 and 91 lbr purposes of conducting the

requested operations using SK\'-UAS platfonns noted above. Listed below are: (1) the specific

sections of l4 C.F.R for which exemption is sought, and (2) the operating procedures and

safeguards that Petitioner has established which will ensure a level of safety better than or equal

to the rules from which exemption is sought.a

UNMANNED AIRCRAFT SYSTEM

A" 14 C.F.R. Part 21, Subpart H - Ainvorthiness Certificates and 14 C.F.R.

$e1.203(aXl )

Tiie FAA has stated thal no exenrption is needed from this section if a finding is made under the

Reform Act that the UAS seiected pror"ides an equivaient level of safety when compared to

aircraft normally used for the same application, These criteria are met and in point of fact

exceeded. and therefore no exemption is needed. j If. horl'ever. the FA{ determines that there

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act,

an exemption is requested.

3 +g U.S.C. S 44701(fl (authorizing the grant of exemprions from requirements of regulations prescribed pursuant ro

Sections 447jlla) and (b) and Sectr'ons 44702 - 41716\.

a 14 C.F.R $ 11.81(e), u'hich requires a petition for exemption to include: The reasons why granting the exemption

rvouid not adversely affect safery'. or how the exemption would provide a ler.e1 of safety at least equal to that

provided by the rule from which vou seek cxemption.

: See Grant of Exemption No. 1 1062 to Astraeus Aerial (Fd{-2014-0352 at pgs. i 3-14, 22).
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Page 1l

Equivalent Level of Safety

Sky lmaging's use of the SKY-UAS is safe when taking into account its size, rveight. speed, and

operational capability. As set lorth in the description of proposed operations in Section IV(A),

the SKY-UAS weighs less than 55 pounds. including payload and will not be flown at a ground

speed in excess of 50 knots. The SKY-UAS is also equipped rvith safety features which will

allo',1, Petitioner to operate the SKY-UAS safely after experiencing certain in-flight contingencies

or failures as noted below.6'

Additionally, the SKY-UAS carries neither pilots nor passengers, carries no explosive materials

or flammable liquid fbels, or other elements identified by Homeland Security as being

prohibitive and operate exclusively u'itliin the parameters stated in Sky Imaging's Operations

Manuals.

Operations conducted under this exemption ri'ill be closely controlled and monitored by the PICI

operator and will be conducted in compliance rvith locai public safety requirements. to provide

security for the area of operation. Sky Imaging *'i11 also provide the FAA with advance notice of

all operations via NOTAMs as required by the applicabie COA. In ali cases, operation of the

SKY-UAS under the proposed conditions rvill be at least as safe as, or safer than, conventional

rotorcraft operating with an airworJhiness certificate. Lastly, the SKY-UASs do not need a means

to communicate with other aircra{t or ATC, because those capabilities will be solely possessed by

the PIC and Observer, who are not onboard the SKY-UAS.8 In addition, no sense-and-avoid

technology is necessary for the SKY-UASs because they will be operated at all times in VFR

conditions and within VLOS of the PIC and Operator.e

6 Seee.g..GrantofExemptionNo.tllS,ltoLowCountryRC,Corp.(FAA-2014-0803atpg.3): "The[DJIS1000]

has the capabiliry to operate sat'el.v alter experiencing certain in-flight contingencies or i-ailures and uses an autopilot system to maintain UAS stabiliry anci control. The LIAS is also able to respond to a loss olglobal positroning

slstem (GPS) or a lost-link event with a pre-coordinated. predictable. auiomated flight maneuver. and manual flight

control functionaliry as a backup. These safery'fearures provide an equivalent level of safetl' compared to a manned

aircratt performing a siniilar operation."

7 See e.g., Granr of Exemption No. 1l 18,1 to \,'DOS Global. LLC. (FAA-2014-0382 at pgs. 4-5): "The SKY-UAS

can be operated entirely by a touch-screen. map-based inieri-ace. This means the operator only needs to command

the system where to go, and the system does all the flying for the operator. fhe SKY-UAS can be operated in both

semi and fulty autonomous flight modes, with the operatol'simply clicking on a map io create a pre-planned flight

path for a flight. In addition. tlre operator can create no 11y zones or maximum flight ranges and altihrdes so the

system cannot enter areas deemed unsafe or unnecessary to f1y over. The petitioner states ftrther that the tlAS has

built-in intelligent fault handling u,hich allows the SKY-UAS to detect a system tault n'hile in the air and

automaticall.v fly back to its takeofflocation and land. Faults that can be detected include: loss of communication;

exceeding pre-set wind thresholdsl and lorv battery ievels."'

All flight opuations arc global positioning system IGPS) controlied, making the system easy to navigate. At any

point if the operator is not explicitly commanding the s_vstem to move, the system automatically holds its GPS

position. The flight control system ernploys not onlv GPS positioning but a variety ol sensors including sonar.

barometric pressure, temperalure, rvind speed and others to ensure stabiiit-v so long as wind thresholds are not

exceeded. Also a flight termination link - to preveflt a 'tlv au'a,v' or other potentiaily dangerous situation - is

available to the operator."

8 See Grant of Exemption No. 1 1062 to Astraeus Aerial IFAA-2014-0352 at pg. 13).

e.Id
U.S Department of Transportation

February 1,2016

Page 12

B. 14 C.F.R. ?art27 Airworthiness Standards: l{ormal Category Rotorcraft

Title 14 C.F.R. Pa*27 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent that Sky Imaging's small SKY-UAS w'ould otherwise

require certification under Pan27. Petitioner seeks an exemption from Part 27's airworthiness

standards for the same reasons identified in the request for exemption from l4 C.F.R. R. Par 21,

Subpart H, supra.

C. 1{ C.f'.R. $$ 91.9(c),45.23(b) and 45.27(a): Aircraft l\{arking and Identification

Requirements

Sky hnaging seeks an exemption from the aircrafi marking and identification requirements

contained in 14 C.F.R. $$ 91 .9(c),45.23(b) and 45.27(a).

o 14 C.F.R. $ 91.9(ci. Civil Aircraft Flight Manual" Ir{arking and Placard

requirements. provides that:

No person mav operate a U.S.-registered civil aircraft unless that aircraft

is identified in accordance rvith Part 45 of this chapter.

o l4 C.F.R. 

"s 

45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration

nurnber is displayed on limited, restricted or lighrsport category aircraft

or experimental or provisionally certificated aircratl, the operator must

also display on that aircraft near each entrance to the cabin. cockpit, or

pilot station, in letters not less than 2 inches nor more than 6 inches high,

the words "limited," "restricted," "light-sport, "experimental," or

"provisional," as applicable.

o 14 C.F.R, E 45.27(a), Rotorcrafl, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally

on both sudaces of the cabin, fuselage, boorn. or tail the marks required by

:s 'l-i.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements

was warranted provided that the ailcraft "have identification (N-Nurnber) markings in

accordance.*,ith 14 C.F.R Par 45. Subpart C if the markings are as large as practicable."r0

Equivolent Level of Safe4,

All SKY-UAS flown by Sky Imaging r,r,ill bear N-number markings that are as large as

practicable in accordance with 14 C.F.R. Part 45, Subpart C.11

I o FAA Docket No. FAA-20 I 4-03 52

11 S".. e.g.. FAA Docket No. FAA-2014-03 52. at 14.
U.S Deparlment of Transportation

February 1. 2016

Page 13

D. 14 C.F.R. $ 9I.405(a),91.407(a)(l),91.409(a)(1) and (2);9t.atl(a) and (b):

l\{aintenance Inspeetions

Sky Imaging seeks an exemption from the maintenance inspection requirements contained in I4

C.F.R. $ 91.a05(a),91.407(a)(1),91.409(a)(2);91.417(a) and (b). These regulations specify

maintenance and inspection standards in reference to 14 C.F.R. Par-t ,13. See. e.g., 14 C.F R. $

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as

prescribed in subpart E of this part and shallbetw'een required inspections ...have discrepancies

repaired as prescribed in part 43 of this chapter"). An exentption./i'om tltese regulations is needed

because Part 43 and these seclions only opO|, to aircraJi wilh an airworthiness certificate, which

the UAS platfunns to be operatecl mtder this grant of eremptiort u;ill not have. (.Emphasis added)

Equivalent Level of Safety

An equivalent level of safcry rn'ill be achieved or exceeded because maintenance and inspections

will be tirnely performed in accordance with the Manufacturer's Manual and any required

manufacrurer Safet-v or Sen-ice Bulletins. Further, as required by Sky Imaging's Operations

Manuals. the PlC will conduct a pre-flight inspection of the SKY-UAS and all associated

equipment to account for all discrepancies andior inoperable components. Maintenance rvill be

performed and verified to address any conditions potentially affecting safe operation of the SKYUASs and no flights r.vill occur Lrnless, and until, all flight critical components of the SKY-UAS

have been tbund to be airworhy and in a condition safe fbr operation. A functional test flight will

be conducted follou,ing the replacement of any flight-critical components. As required by Sky

Imaging's Operations Manuals. the PiC who conducts the functional test flight rvill make an

entry in the SKY-UAS aircraft records of the flight.

Sky Imaging's Operations I'Ianual also includes requirements to follorv the manufacturer's UAS

aircraft/component, maintenance. overhaul. replacement, inspection, and life limit requirements

for the following applicable componerlts: pou.ertrain system (powerplant), propellers, aviouics

and control surfaces (including ailerons'elevons). structures & airfiame, camera system"

electrical systems (including batteries), ground control station, hazard accessories, and spare

parts. Further, Sky Imaging's Operations N,Ianuals also include procedures to document and

maintain a record of the SKY-UAS's maintenance. preventative maintenance. alterations, stafus

of replacement /overhaul component pafts. and the total time in sen,ice of the SKY-UAS used

under this Grant of Exemption. As a whole, the maintenance and inspection procedures required

rn SKI'- Imaging's Operations Manuals ensure tirat an equi"'alent or higher level of safety will he

achieved.

PILOT-IN.COMNLAI{D OF THE LTAS

E. 14 C.F.R. $ 61.113: Private Pilot Privileges and Limitations

Sky Imaging seeks exemption fi'om i 4 CFR $ 61 . 1 I 3, which restricts private pilot certificate

holders from flying aircraft for compensation or hire, and would also require a second class

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC

matches the airspace in which the PIC wili be operating, as well as requiring certifications if the

private pilot is carrying passengers or cargo for hire. In this case. while the SKY-UAS will be

operated as pad of a commercial operation, they carry neither passengers nor cargo. In the Grant
U.S Department of Transportation

February 1,2016

Page 14

of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS

operation outside of controlled airspace did not warrant the additional cost and restrictions

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate.l'?The fulfillment of the additional requirements for a private pilot to becorne

qualified as a commercial pilot would not lead to any additional safety benefits when UAS

operations are involrred.

Equivalent Level of Safety

The restrictions Sky Lnaging has placed on its SKY-UAS operations meet or exceed the

restrictions similarly imposed on Astraeus Aerial. Sky Imaging will operate on private properfy

away from persons and propertv not involved in the operation. Sky Imaging will also obtain an

ATO issued COA prior to conducting any operations under this Grant of Exemption. All

operations will be conducted in accordance with airspace requirements in the ATO issued COA

including class of airspace, altirude level and potential transponder requirements. A NOTAM will

also be issued as required by the applicable COA.

In addition to these flight restrictions. Sky" Imaging will fuither ensure safe operation by

requiring that any PIC be thoroughh'versed not on1),in airspace and communication issues

pertaining to all aircraft operators but also in the unique aspects of SK\'-UAS flight. As set fbrth

in the Operations Manuals, pilots rvill have experience not only in SKY-UAS operations

generallv but have logged flight time in the specific make and model used for the operations

before they are permitted to participate in commercial flights on behalf of Sky Imaging. The pilot

qualification, training, and currency requirements in the Operations Manuals ensure that Sky

Imaging pilots are competent and proficient in the SKY-UAS they are operating. Sky Imaging's

iraining and qualification requirements are consistent with those contained in prior FAA Section

333 Grants of Exemption, and will provide a higher level of competency and proficiency for its

pilots and rvill ensure at least an equivalent level of safety to the public.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. $ 91.7(a): CivilAircraftAirrr-orthiness

Inasmuch as there will be no airw'orthiness certificate issued for the UASs^ Sky Imaging seeks an

exemption from 14 C,F.R. $ 9l.7(a), which requires that a civil aircraft be in airworthy condition

to be operated" The FAA has stated that no exempiion is required for 14 C.F.R. ss 91.7(a) to the

extent that the requirements of Part 2l are waived or found inapplicabie.'r Accordingly,

Petitioner requests that the requirements for $ 91.7(a) be treated in accordance with

Section V(A), supra.

G. 14 C.F.R. $ 91.9(bX2): Civil Aircraft Flight &Ianual in the Aircraft and 14 C.F.R.

$ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

ll Exemption No. 11062 (FA-A. Docket No" FAA-2014-0352),

li See Id. at 13-14, 22.

-l
U.S Department of Transportation

February 1.2016

Page 15

Title i4 C.F.R. $ 91.9(b) (2) and $ 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircratt manuals onboard the aircraft. Pursuant to l4 C.F.R. $ 91.9(b) (2):

(b) No person may operate a U.S.-registered civil aircraft -

(2) For which an Airplane or Rotorcraft Flight Manual is required by $ 2 1 .5 of this

chapter. unless there is available in the aircraft a current approved Airplane or Rotorcraft

Flight Manual, approved manual material. markings, and placards, or any combination

thereofPursuant to l4 C.F.R. ' 91.203(a) and (b):

(a) Except as provided in t\ 9i.715. no person rray operate a civil aircraft unless it has

within it the tbllowing:

( 1) An appropriate and current airrrorthiness certificate...

(b) No person may operate a civil aircraft uniess the ainvorthiaess certificate required by

paragraph (a) of this section or a special flight authonzation issued under $ 91.715 is

displayed at the cabin err cockpit entrance so that it is legible to passengers or crew.

Given the small size;urd configuration of the SKY-UAS. it rvould be irnpossible to keep

ainvorthiness documents and other aircraft nranuals on board the SKY-UAS because there is

simply no room and the SKY-UAS has no cabin or cockpit. As a way to comply rvith the code

Sky Imaging will maintain the documents with the PIC and make them available for inspection.

Equivulent Level of Safe4,

ln an FAAOffrce of Chief Counsel's Opinion datedAugust8,2014, andprepared by Dean E.

Griffith, Attomey, AGC-220, it rvas acknou,ledged that the intent of l4 C.F.R. 91.9(b) and

91.203(a) and (b) is met if the pilot olthe unmanned aircraft has access to the UAS flight

manual, registration certificate, and other required documents from the ground control station

from w'hich he or she is operating the aircraft.rl As this FAA Office of Chief Counsel Opinion

clarifies, the intent of the rule is to ensure the pilot has access to these ke,v documents during

flight. Therefore, an equivalent level of safet1,u,ill be achieved by ensuring that the pilot has

access to the documents at the ground control station from u,hich he or she is piloting the UAS.

H. 14 C.F.R. $ 91.103: PreflightAction

Sky Imaging seeks an exemption from 14 C.F.R. $ 91,103. which requires a PIC to become

familiar with specific information before each flight. including infornation contained in the

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all

information necessary to saf'ely conduct the flight, an exemption is requested to the extent that an

FAA-approved Flight Manual is required.

la N'lemorandum tiom Mark Bury FAAAssistant Chief Counsel {br International Law, Legislation and Regulation,

to John Duncan, FAA Flight Standards Serv'ice (Aug. 8, 2014); see also DocketNo. FAA-2014-0352 at 16--18.
U.S Department of Transportation

February 1,2016

Page I6

Equivalent Level of Safety

An equivalent level of saf-ety will be provided by ibllowing the Sky Imaging's Operations

JV{anuals and the Manufacfurer's Manual. The PIC rvill perform a series of checklists designed to

identiff any defects or inoperable components in accordance with the Sky lmaging's Operations

N{anuals, including checklists covering Pre-Flight. Launch. Landing, and Post-Flight procedures,

The PIC will also be required to revieu,weather, flight requirements, battery charge, landing and

takeoffdistance, UA perlorrnance data. and contingency landing areas-before initiation of

flight. Sky Imaging's Operations Manuals and the Manufacturer's Manual will be kept at the

ground control station and will be accessible to the PIC at all times while operating the UAS.

I. f4 C.F.R. $ 91.109(a): Flight Instruction

Sky Imaging seeks an exemption from 14 C.F.R. $ 91.109(a), which provides in pertinent part

that "[n]o person nra], operate a civrl aircraft (except a manned free balloon) that is being used

fbr flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is

accomplished through the use of a device that communicates with the aircraft via radio

communications. Accordingly, an exemption will be required for the flight instruction

requirements of 14 C.F.R. $ 91.109(a).

Equivulent Level of Safety

Given the size and speed of the UASs that Sky Imaging intends to use, an equivalent level of

safe training can still be performed without dual controls because no prlot or passengers are

aboard the LIAS, and as required by the Sky Imaging's Operations Manuals, all persons i.vitrl be a

safe distance away in the event that the UAS experiences anv diffrculties during flight

instruction. Moreover, as required by the Sk-v Imaging's Operations Manuals, all tlight training

rvill be conducted in controlled and sterile environrnent. As a whole. the safety procedures

provided tbr in Sky Imaging's Operations Manuals ensure that the proposed UAS operations

provide an equivalent or higher level of safety than that provided by the flight instruction

regulations.

J. 14 C.F.R. $ 91.119(c): Minimum Safe Altitudes

Sky Imaging requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

"

91 .1 19(c).15 Section 91 . I 1 9 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and arvay from any person. vessel. r,ehicle, or

struchre in noir-congested areas. See 14 C.F.R. $ 9 t . 1 l9(c). Section 9l .1 19(d) allows for a

helicopter to operate at less than those minimum altirudes when it can be operated "without

hazard to persons or propefi on the surface." provided that "each person operating the helicopter

complies with any routes or altitudes specilically prescribed tbr helicopters by the FAA."

li R.lief f.orn $ 9 I . i I 9(a) will not be necessary because Petitioner rvill be able to perfonn an emergency landing

nithout undue hazard to persons or property on the ground in tlre event of a f-ailure. Petitioner's proposed UAS

operations will not occur over congested areas, and theretbre an exemption from $ 91.119(b) will not be necessary.

See e.g., Gratt of Exemption No. 11l57 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).
U.S Department of Transportation

February 1.2016

Page 17

An exemption is required because the proposed SKY-UAS operation will nonnally need to occur

below 400 feet AGL. In circumstances where the SKY-UAS is used to inspect a structure whose

height exceeds 400 feet AGL, the SKY-UAS will not be operated more than 100 leet above the

highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due

the nature of the proposed operations, the Pilot and/or Obsen-ers(s) may need to be less than 500

fbet arvay from the SKY-UAS.

Equivalent Level of Safety

Compared to flight operations rvith rotorcrati u,eighing far more than the maximum rveights

proposed herein. and given the lack of flammable fuel with the above noted UASs, any risk

associated rvith these operations is far less than those which presently exist with conventional

aircrafi. An equivalent ler,ei of saf'et.v rvill be achieved given the size, rveight, and speed of the

SKY-UASs. as well as the controlled location where the operations will occur. In order to avoid

any nsk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or

when inspecting a U.S. structure whose height exceeds 400 f-eet AGL, within 100 t'eet above the

highest point on that structure and 50 feet horizontally of the structure.

As set forlh in the Operations Manuals, the SKY-L}AS will be operated in a restricted area, and

all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating

persons, unless that person is in a position u'here he or she is shielded from the SKY-UAS and

anypossible debris resulting from its f-ailure. As required b.v-' the Operations Manuals. flights u'il1

be terminated if a nonparticipating person rvithin 500 feet of the SKY-UAS leaves a shielded

position. Further. its operations rvill occur at least 500 feet away from vehicles or structures

unless the property owner,'controller timely has granted permission and the PIC has made a

safety assessment of the risk of operating closer to those objects and, operations near the PIC or

Obsen'er w'ill not present an undue hazard per $ 91 . I 19(a). Adherence to these restrictions in

Sky- hnaging's Operations Manuais will ensure operations can be conducted without

compromisilg public safery. 16

K. f 4 C.ER. $ 9I.I2l: Altimeter Settings

Sky Imaging seeks an exemption from 14 C.F.R. $ 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the

elevation of the deparlure airpoft or barometric pressure. An exemption is required to the extenr

that the UASs do not have a barometric altimeter. but rather a GPS altirude read out.

l6 S.. ..g.. Grant of Exemption No. i 1138 to Douglas Trudeau (FAA-2014-0481 at t9): "If barriers or structures are

present that can sufficiently protect nonparticipating persons from the UA or debris in the event ofan accident, then

the UA may operate cioser than 500 t'eet to persons atTorded such protection. The operator must also ensure that

nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave

such protection and are within 500 feet of the UA. flight operations must cease immediately. When considering how

to immediately cease operations, the primary concern is the saferv of those nonparticipating persons. In addition, the

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

ownericontroller oiany such vessels, vehicles or stnlcnlres grants pcrtnission for the operation and the PIC makes a

safety assessment ofthe risk ofoperating eloser to those objects and determines that it does not present an undne

hazard."
U.S Department of Transportation

February 1, 20 l6

Page I 8

Equivalent Level of Sufety

Thc FAA lras stated that an equivalent level of sat-ety to the requirements of 14 C,F.R. $91.121

can be achieved in circumstances where: (l ) the UASs will be operated below 400 feet AGL or

belorvr7. (2) within VLOS. (3) where GPS based altitude infonnation is relayed in real time to the

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero alrimde

initiation point is established for the PIC to confrm accuracy of the onboard GPS.'8

The SKY-UAS that Sky Imaging intends to use for the proposed operations will meet all these

operational characteristics. Moreover. as required by Sk-v Imaging's Operations Manuals, the PIC

rvill be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior

FAA Section 333 Grants of Exernption. the SKY-UAS Sky Imaging intends to use. and the safet,v

mitigation procedures contained in the Operations Manuals, both ensure that an equivalent levei

of safety or greater level rvill be achieved. and a Grant of Exemption to the requirements of $

I q L l 2 I is therelore appropnate.

L. 14 C.F.R. $ 91.151(a): Fuel Requirements for Flight in VFR Conditions

Sk-v Imaging requests an exemption from 14 C.F.R. $ 91 .151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless

(considering wind and fbrecast weather conditions) there is enough fuel to fly to the

first point of intended landing and, assuming normal cruising speed -

(1) During the day, to fly after that fbr at least 30 minutes: or

(2) At night, to fly after that for at least 45 minutes.

Here. the technological limitations on UAS battery power means that no meaningful flight

operations can be conducted while still maintaining a 30-minute battery resen e. An exemption

tiorn the fuel requirements of 14 C.F.R. $ 91"151(a) is therelbre required. Moreover. it is not

Sk.v Imaging's intention tc fly tlre SKY-UASs at night.

Equivalent Level of Safe4,

ln the Grant of Exemption to \DOS (Exemption No. 11112), the FAA detennined that an

equivalent level of safety to the fuel requirements tbr flight in VFR conditions could be achieved

by prohibiting the PIC from beg:nnrn-e a SKY-UAS flight unless (considering u,ind and forecast

weather conditions) tlrere was enough po\\'er to fly to the first intended pornt of landing and,

assuming normal cmising speed, to fly after that for at least l0 minutes. In reaching this

conclusion. the FAA considered that the UAS batteries for the SKY-UAS provide approximately

50 minutes of powered flight lwith payload) and pror.ided battery level and battery time

1 7 If th" heiglrt of the strxcture being inspected exceeds 400 i'eet AGL. the UAS will not be operated more than 1 00

llbet above the highest point on the stnrcture.

i 8 See Grant oi Exemption No. t 1062 to Astraeus Aerial (FAA-20 | 4-03-52 at 21).
U.S Department of Transporlation

Febmary 1,2016

Page 19

remaining in minutes and seconds to the PIC.'e The FAA atrso considered the fact the SKY-UAS

operating manual states: "stafi every fiight rvith a fully' charged battery in the aerial vehicle", and

that in the event that the SKY-{JAS should run Iow on power, the PIC rvill be alefied and can

safely land the- SKY-UAS as soon as possible. Like the VDOS Grant of Exemption, Sky

imaging's use of the SKY-UAS, combined with the requirements of Petitioner's Operations

Manuals, ensure that an equivalent ievel of safety can be achieved and in fact exceeded.

Similarly, in the Grant of Exemption toAlan Purwin (Exemption No. 11161), the FAA

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions

could be achieved by prohibiting the PIC from beginning a flight with the UA unless

(considering wind and forecast weather conditions), there was enough power to safely fly at

normal cruising speed to the intended landing point and land the UA with 25o/obattery power

remaining. Sky trmaging will adhere to this limitation fbr its SKY-IIAS flights.

The SKY-UAS includes a low battery warning system and the amount of battery reserve power

remaining is continuously transmitted to the PIC via telemetnc data feed, which downlinks from

the SKY-UAS to a ground-based-on-screen display.r! As required by Sky irnagrng's Operatrons

Manuals. the PiC will prompti,v flv the SKY-UAS back to the home launch location or predetermined abort location n,here it ma1' saf-el1' 1and. rvhile stiil maintaining a minimum of 25oh

reserl/e battery power. Ska- Imaging submrts that the procedures requiring flights to be sal-ely

terminated once the batteries fall below,25o.,o capacitl,, combined rvith the requirement that flights

only be conducted within a secure. isolated area, using a UAS weighing less than 55 pounds. and

within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an

equivalent or higher level of safety to the public to that provided by the regulations from which

eremption is sought.

VI. DRUGANDALCOHOLPROGRAM

Sk.v Lnaging will have policies in place to ensure that no person may participate in SKY-UASs

flight operations if the-v are under the influence of alcohol or any drug.

VII. PLIBLIC NTERIST

The public interest will be sen,ed b-v granting Sky Imaging's Petition for Exemption. Con_eress

has established a national policv that favors early integration of UAS into the NAS in controlled.

safe working environments such as those proposed in this Petition. Granting this Petition for

Exemption helps fuIfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act-the FAA Administrator's assesslnent of u,hether certain LIAS may operate safely in the

NAS before completion of the starutorilv required rulemakrng.

le. Grunr of Exenrption No. I I I l2 ro VDOS Giobal, LLC (FAA-201'1-0-382 at l0).

:0. Th. SK\'-UAS ground control station displays, the UASs position, navigation route, tail nunrbeq altitude,

heading, north seeking arrolr/, range to targets, calculated target position, dateitirne, and sensor heading and

orientation relatir.e to the UAS.
[J"S Department of Transporlation

February 1.2016

Page 20

The proposed SKY-UAS operations in this Petition for Exemption significantly improves the

safety and reduces risk of harm, physical injury and property damage to the public at large. the

propefty owners tiom whorn permission was granted for use by Petitioner and abutting

properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant

organizations and al1 those who may be in the local vicinity. Traditional methods of inspecting

and monitoring potential locations and relevant sites and facilities requires location personnel to

ctrimb towers, trees. venture onto precarious roofs and other dangerous scenarios, perform

elevated work for rvhich the individual is neither trained nor equipped to perform, which

exposes them to unnecessary nsk ofserious physical injury from dangerous falls or other

physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous

conditions, unsafe environments, culrurally tense situations and other hazards associated with

identifying specific locations for potential recording sites to be used in the end product. The use

of small UASs can eliminate these hazards and ultimately create a much safer method of

performing these types of inspections creating a safer environment for the public as well as Sky

Imaging employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because,

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fuel, the UAS carry no passengers. crew or explosive fuel. Furlherrnore, in the unlikely event of

an accident, Sky Imaging's small battery powered SKI--UAS presents significantl,v less danger to

persons on the ground rvhen compared to operations by conventional manned aircraft.:rAs

Petitioner's SKY-UAS are battery porvered. the public u,ill also benefrt from a rcductron in

hannful petroleum based emissions associated with conventional aircraft performing in the same

functions proposed herein. Air quality rvill naturally be improved with the reduction of fuel

powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs

provide an additional economic tool for the aerial filming notwithstanding the industry adding a

greater degree of flexibility, rvhich supplements the current capabilities offered by manned

aircraft.22 The quality of the firrished product is enhanced and provides a greater finished product

den-rand which will aid the current UAS industry and provide additional jobs as the cost of

providing the needed product is greatly reduced while reducing the difficult,v with which the

finished product is created. The demand for the current industrial product is increasing and will

continue to increase grven the enhanced flexibility of production: therefore, given the lower cost,

owneri'operators and others in the relevant industry will be more krclined to utilize the services of

commercialUAS along u,ith an appropriate licensed PIC's.

11 See Grant of Eremption No. 11158 to Team 5. LLC (FAA-201:1-0783 at 12): "Manned helicopters conducting

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard

crewmembers, as necessar). The petitioner's LAS ivill weigh less than 55 pounds with no onboard pilot or crew.

The pilot and crew r.vill be remotely located tiom the aircraft. The lir.nited weight significantly reduces the potential

for harm to participating and nonparticipating individuals or propefiy in the event of an incident or accident. Risk to

an onboard pilot and crew during an incident or accident is eliminated with the use of a UA tbr the aerial filnring

operation. "

l: S.. ..g., Grant of Exemption No. 11178 to Picture Factory Inc. (FAA-20 I 4-0794 at 181.
U.S Department of Transpofiation

February 1,2016

Page 2 I

V[I. PRIVACY

A11 SKY-UAS operations will be conducted in accordance with applicable federal, state. and

local laws regarding privacy. Al1 operations shall be conducted over private or controlled-access

property with permission from the land ownericontroller or authorized representative. Permission

from land owner/controller or authonzed representative will be obtained for each flight to be

conducted.

Ix. FEDERAL REGISTER SUM}IARY

Pursuant to l4 C.F.R. Parl 11, the following summary rs provided 1'or publication in the

FEDERAL REGISTER. should it be determined that publication is needed: Petitioner seeks an

exemption from the fbllorving rules in Title l4 of the Code of Federal Regulations:

Part 2 1, Subpart H; Parl 27 . 45.23(b); 45.27 (a); 6 i . i 1 3 ; 91 .7 (a); 9 I .9(bX2); 9 1 .9(c):

91.103; 9l 109(a);91 119(c); 91.12t;91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l);

e i .40e(a)( I ) & (2), et 417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general

public, property owners and cit,v structures from the substantial hazards associated with

performing equivalent f-ilm u.ork and aerial video production with conventional fixed-wing

aircraft, rotorcraft, or other methods.

X. CONCLUSION

Sky Imaging's Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2012 which includes weight; speed: operating capabilities: proximity to airpor-ts

and populated areas: operation within VLOS and national securiry. The proposed SKY-UAS

operations will benefit the public as a whole by irnpror,rng safety and reducing risk by alleviating

human exposure to danger while lowering the attendant related costs thereb.v increasing the

demand for the finished product. In consideration of the foregoing, this Petition tbr Exemption

provides the FAA rvith more than adequate justification for $anting the requested exemptions

allowing Sky Imaging to use small SKY-UAS s in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted.

O/^ 4 -1rr-''--

Christian Schrubey

My Sky Imaging

209 West Cedar Stteet

Bonduel, WI 54107

Phone : 7 1 5 .304.67 30 : Email : 1 241 am@ gmail. com
U.S Depafiment of Transportation

February l,2016

Page22

(The following attached items contain proprietary and commercial information exempt from

disclosure under the Freedom of Infbrmation Act, 5 U.S.C. $ 522 et seq., and should be held in a

separate file pursuant to 14 C.F.R. $ I I.35(b)).

Attachments:

1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols

5. Flight Comrnunications Protocois

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Chccklist

I 0. Equipment Checklist

11. UAS Manufacturer's Manuals

a. User Manuals

b. UAS Maintenance Manuals

PETITIONER REQUESTS THAT GOOD CAUSE EXISTS TO EXEMPT ANY PART OF

THIS PETITION FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC

FORUM BECAUSE THE REQUESTED EXEMPTION WOULD NOT SET A

PRECEDENT, Al\rD Al'[Y DELAY IN ACTING OI{ THIS PETITION WOULD BE

DETRIMENTAL TO THE PETITIONER.

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